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Participant waiver

 

   

(PLEASE READ THIS DOCUMENT CAREFULLY; BY SIGNING IT,
YOU ARE GIVING UP YOUR AND/OR YOUR MINOR'S LEGAL RIGHTS

1) I acknowledge and agree that this Agreement covers and is intended to release K & C Williams, Inc. DBA Los Gatos Elite. and its respective and collective agents, owners, officers, managers, shareholders, parent, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively referred to as “Los Gatos Elite”)

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2) In consideration of being allowed to use and participate in Los Gatos Elite's premises, equipment, services and activities, including, but not limited to, trampoline park access, trampoline dodge ball, trampoline basketball, aerial training, fitness classes, trampoline courts,  X Beam, Tripwire, Vertigo, arcade games, lockers and cafe access, and any other amusement or recreation activities (collectively “ACTIVITIES”), I, on behalf of myself, and/or on behalf of my minor child(ren)/ward(s), hereby agree follows.

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3) ASSUMPTION OF RISK:  I acknowledge that I and/or my child(ren)/ward(s), for whom I represent that I have full authority as parent or legal guardian to bind the minor participant to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained coaches/employees; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my child(ren)/ward(s), Los Gatos Elite, and/or any other person and/or entity.   I hereby voluntarily assume all such risks.  I further understand and acknowledge that Los Gatos Elite does not manufacture the equipment and apparatus including trampolines or other equipment in its facilities, but purchases and/or leases the equipment and apparatus and therefore Los Gatos Elite may not be held liable for defective products.   I and/or my child(ren)/ward(s) are physically fit and know of no medical or health reason whereby I and or my child(ren)/ward(s) should not participate in the ACTIVITIES.

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4) RELEASE OF LIABILITY.  I hereby irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Los Gatos Elite from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or my child(ren)/ward(s) use of Los Gatos Elite's  premises, equipment, services and activities, including without limitation any claim for negligence, arising from  property damage, personal or bodily injury, emotional injury, illness, or death to the maximum extent allowed by law.

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5) LIABILITY FOR PROPERTY: Los Gatos Elite is not liable to you or your guests, child(ren)/ward(s) for any personal property that is damaged, lost, or stolen while on or about the Los Gatos Elite premises including, but not limited to, a vehicle or its content or any property in a locker, whether or not Los Gatos Elite was negligent.  

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6) INDEMNIFICATION:  I hereby agree to indemnify and hold harmless Los Gatos Elite from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred, and/or suffered by Los Gatos Elite, including, but not limited to, any and all attorneys’ fees, costs, damages, and/or judgments Los Gatos Elite incurs in the event that I, my minor child(ren)/ward(s) or anyone for which I signed this agreement causes any injury, damage and/or harm to Los Gatos Elite and/or any and all other persons and entities acting in any capacity on behalf of Los Gatos Elite, or to others while at Los Gatos Elite premises.

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7) ATTORNEYS’ FEES:  I promise to indemnify Los Gatos Elite for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts.  Further, should any debt and/or judgment accrue in favor of Los Gatos Elite, pre-judgment and post-judgment interest shall accrue thereon at the legal rate.

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8) PHOTO RELEASE:  By entering Los Gatos Elite and participating in the ACTIVITIES, I hereby grant Los Gatos Elite on behalf of myself, and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with Los Gatos Elite and to use the photograph and/or recording and the name, likeness, voice and appearance of myself or my child(ren)/ward(s) captured therein for promotional purposes.  I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.

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9) TERM OF AGREEMENT:  I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Los Gatos Elite, whether at the current location or any other location or facility.

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10) VENUE/MEDIATION:  In the event, a lawsuit is filed against Los Gatos Elite, I agree to the sole and exclusive venue of the County of Santa Clara.  I further agree that the substantive law of California shall apply without regard to any conflict of law rules.  I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. Prior to any lawsuit, I agree to participate in mediation, in person, with Los Gatos Elite to attempt to resolve the dispute without litigation.  

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By electronically signing this document, checking the box below and then by clicking “Accept Waiver” or by physically signing this document, I understand that I may be found by a court of law to have forever waived any right I and/or my child(ren)/ward(s) may have to maintain any action against Los Gatos Elite on the basis of any claim from which I have released Los Gatos Elite and any released party herein.   I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so.  I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.  By signing below and clicking accept, I also agree that all releases, waivers, and promises herein are binding on the minor participant(s) listed below, and I further agree that I have full authority as Parent/Guardian to bind the minor participant to this agreement.

I understand and agree that I may be asked to update this waiver on an annual basis and further hereby agree to conduct this transaction by electronic means.

BY SIGNING THIS DOCUMENT, I UNDERSTAND THAT I MAY BE FOUND BY A COURT OF LAW TO HAVE FOREVER WAIVED ANY RIGHT I AND/OR MY CHILD(REN)/WARD(S) MAY HAVE TO MAINTAIN ANY ACTION AGAINST LOS GATOS ELITE ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED LOS GATOS ELITE AND ANY RELEASED PARTY HEREIN. I HAVE HAD A REASONABLE AND SUFFICIENT OPPORTUNITY TO READ AND UNDERSTAND THIS ENTIRE DOCUMENT AND CONSULT WITH LEGAL COUNSEL, OR HAVE VOLUNTARILY WAIVED MY RIGHT TO DO SO I KNOWINGLY AND VOLUNTARILY AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN. I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.  

I further agree that no oral representations, statements or inducements, apart from the foregoing written agreement, have been made to me.  I understand that this Agreement is severable and that if any part of it is held unenforceable by a court of law, the rest of it will survive.  By signing below, I also agree that all releases, waivers, and promises herein are binding on the minor participant(s) listed below, and I further agree that I have full authority as Parent/Guardian to bind the minor participant to this agreement. I hereby agree to conduct this transaction by electronic means.

 

 

** PLEASE NOTE WE RESERVE THE RIGHT TO REVIEW YOUR LICENSE AND/OR OTHER FORMS OF IDENTIFICATION IN ORDER TO VERIFY IDENTITY AND DATE OF BIRTH/AGE. **

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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